New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter IV - Resolution of Labor Disputes
Subchapter A - Labor Relations Board
Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA")
CONFERENCES AND HEARINGS
Section 263.72 - Enforcement
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A party may request the board to seek a judicial order as provided by section 707 of SERA, enforcing a remedial order of the board or that of a hearing officer to which no exceptions have been filed with the board if the party or parties against whom the order was issued refuses or fails to comply with the order, provided that such order is not, or is no longer, subject to judicial review pursuant to section 707 of SERA.
(b) Request for enforcement. A party seeking enforcement by the board must file with the board's office of counsel electronically (see section 263.15 of this Part) a written request stating the reason(s) why a judicial order of enforcement is necessary, supported by affidavits of persons with personal knowledge of the facts set forth therein, attesting to the alleged refusal or failure to comply with the remedial order. Said request and supporting affidavits shall be accompanied by proof of service on all other parties before the board.
(c) Response. Pursuant to a schedule set by the office of counsel, all other parties before the board may file electronically with the office of counsel a written response to the request for enforcement stating why enforcement is not necessary, supported by affidavits of persons with personal knowledge of the facts set forth therein. Said response and supporting affidavits shall be accompanied by proof of service on all other parties before the board.
(d) Action by the office of counsel. Following review of a request for enforcement and the response, the office of counsel, will determine whether a petition for a judicial order of enforcement pursuant to section 707 of SERA should be commenced.